or
by logging in or registering, you agree to our privacy policy and terms of service
The Mutual, Inc. ("The Mutual" of "TM" or "us" or "our") operates this website, www.themutual.com, the mobile and touch versions and any individual sites or partner-business-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Use. By using our Site and TM's services through the Site, you ("you" or, "End User") agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY TM SERVICE OFFERED.
The Site provides an interactive online service operated by The Mutual, consisting primarily of promotion and marketing services on behalf of certain Partner Businesses ("Partner Businesses") providing Perks for Partner Businesses goods and services ("Perks") available to its users. Perks are available to all The Mutual Consumer Members. As a condition of your use of this Site, you agree that:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. TM retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our partners (in the case of information regarding our Charity Partners or Partner Businesses). You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with The Mutual and the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future account credits and your account will be terminated with no entitlement to refunds of any sort. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with you're the Mutual account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Perks available to Consumer Members through our Site are special promotional offers that you are entitled to
through your membership with The Mutual. The Perks are redeemable for certain goods, services or experiences
offered by, or facilitated through, the Partner Business identified in the Perk description. The Partner Business
is solely responsible for administering or providing the Perk. The Partner Business is the issuer of the Perk and
is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses,
damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full
or in part, whether related to the use of the Perk or not. You waive and release The Mutual and its subsidiaries,
affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to
any act or omission of a Partner Business in connection with your use of a voucher or the services/goods it
provides in connection with it.
By purchasing any voucher you agree to the terms of this Agreement and these Terms related to Perks. By viewing a
mobile version, printing, accepting, using or attempting to use any Perk, you agree to these Terms related to
Perks specifically ("rules"), the terms on the Perk itself (if applicable) and any additional, deal specific terms
advertising the Perk at the time of purchase, or any Terms provided by the Partner Business related to the Perk
(collectively, the "fine print" regardless of how labeled). These rules apply to all Perks that we make available,
unless a particular Perk's fine print states otherwise, and except as otherwise required by law. In the event of a
conflict between these rules and a voucher's fine print, the Perk's fine print will control.
If a Partner Business refuses to honor any Perk, please let us know by contacting support@themutual.com. We will
follow up with the Partner Business and provide an explanation or appropriate remedy, at our discretion, as
quickly as possible.
Unauthorized reproduction, resale, modification or trade of Perks is prohibited.
We reserve the right at all times to discontinue or modify any part of this Agreement, as we deem necessary or
desirable. If we make changes that materially affect your use of the Site or our services we will notify you by
sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the
change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an
e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not
apply to vouchers purchased prior to the effective date of such changes. These changes will be effective
immediately for new users of our Site and for all vouchers purchased after the effective date of the change.
We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such
notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute
acceptance of the modified Terms of Use.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including,
but not limited to requirements for access or use.
Everything located on or in this Site is the exclusive property of The Mutual or is being used with permission.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR
ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE MUTUAL IS PROHIBITED. Any violation of this
requirement may result in a copyright, trademark or other intellectual property right infringement that may
subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information. You may
not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for
your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material without the express permission of
The Mutual or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material
is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author
attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material.
The Mutual offers three payment packages. Cost of membership to join The Mutual is 20% of the total package, 80% is an associated donation that goes directly to the Cause Partner of the member’s choosing. The Mutual uses recurring billing, so you will be billed following the payment package you have selected. You may cancel membership at any time and will not be billed again. Your membership is valid through date paid based on package selected and all payments are non-refundable.
The Mutual reserves the right to terminate its agreement with you or any other End User who infringes third-party
copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright
infringement, you shall provide The Mutual with the following information: (a) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the
copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you
have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your
name and contact information, including telephone number and e-mail address; and (e) a statement by you that the
above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or
authorized to act on the copyright owner's behalf.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE MUTUAL, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNER BUSINESSES, CHARITY PARTNERS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MUTUAL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE MUTUAL, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNER BUSINESSES, CHARITY PARTNERS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL THE MUTUAL'S LIABILITY IN EXCEED THE AMOUNTS PAID IN MEMBERSHIP FEES (EXCLUDING THE PORTION DIRECTED TO CHARITY IN THE FORM OF A CHARITABLE DONATION), FOR THE PREVIOUS 6 MONTHS.
We will make every reasonable effort to resolve any disagreements that you have with The Mutual. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against The Mutual arising out of, relating to, or connected in any way with this Agreement this Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and The Mutual; (b) the arbitrator shall apply either Delaware or New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or The Mutual's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Mutual will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subport (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor The Mutual shall be entitled to arbitrate their dispute.
The Mutual in some instances may allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). We shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Mutual shall have the right, but not the obligation, to remove any material from the Communities that The Mutual, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of The Mutual.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of The Mutual's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. The Mutual does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
By posting Statements or other information on or through the Communities, unless otherwise agreed in writing, you grant The Mutual a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless The Mutual, its subsidiaries, affiliates and their respective
directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees,
arising out of or related to any products or services purchased by you in connection with the Site or any use of
the Site in violation of these Terms.
You are solely responsible for your interactions with Partner Businesses and other users of the Site. To the extent
permitted under applicable laws, you hereby release The Mutual from any and all claims or liability related to any
product or service of a Partner Business, any action or inaction by Partner Business, including Partner Business's
failure to comply with applicable law and/or failure to abide by the terms of a Perk, and any conduct or speech,
whether online or offline, of any other user.
We may terminate these Terms of Use at any time. Without limiting the foregoing, We shall have the right to immediately terminate or suspend any of your passwords or accounts in the event The Mutual considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or The Mutual's services shall be governed by the internal laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any
provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect
the enforceability of any other provisions contained in this Agreement, and the remaining portions of our
Agreement shall continue in full force and effect.
The Mutual is located at 32 Willow Place, Brooklyn, NY 11201.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to and are for the benefit of The Mutual, its subsidiaries,
affiliates, Partner Businesses and Charity partners and its third-party content providers and licensors, and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
